1. (a) Except as provided in §§ 7-2502.05, 7-2502.08, 7-2507.02, 7-2508.07, subchapter IX of this chapter, and 7-2510.11, any person convicted of a violation of any provision of this unit shall be fined not more than the amount set forth in § 22-3571.01 or imprisoned for not more than 1 year, or both; except that:

   1. (1) A person who knowingly or intentionally sells, transfers, or distributes a firearm, destructive device, or ammunition to a person under 18 years of age shall be fined not more than the amount set forth in § 22-3571.01 or imprisoned for not more than 10 years, or both.

   2. (2)

      1. (A) Except as provided in subparagraph (B) of this paragraph, any person who is convicted a second time for possessing an unregistered firearm shall be fined not more than the amount set forth in § 22-3571.01 or imprisoned not more than 5 years, or both.
      2. (B) A person who in the person’s dwelling place, place of business, or on other land possessed by the person, possesses a pistol, or firearm that could otherwise be registered, shall be fined not more than the amount set forth in § 22-3571.01 or imprisoned not more than 1 year, or both.

   3. (3)

      1. (A) A person convicted of possessing more than one restricted pistol bullet in violation of § 7-2506.01(a)(3) may be sentenced to imprisonment for a term not to exceed 10 years and shall be sentenced to imprisonment for a mandatory-minimum term of not less than 1 year and shall not be released from prison or granted probation or suspension of sentence prior to serving the mandatory-minimum sentence, and, in addition, may be fined not more than the amount set forth in § 22-3571.01.
      2. (B) Repealed.
   4. (4) A person convicted of possessing a large capacity ammunition feeding device in violation of § 7-2506.01(b) shall be fined no more than the amount set forth in § 22-3571.01, or incarcerated for no more than 3 years, which shall be imposed consecutive to any other sentence of incarceration, or both.
   5. (5) A person convicted of possessing a firearm with an intent to sell, offer for sale, or make available for sale, in violation of § 7-2505.01, shall be fined no more than the amount set forth in § 22-3571.01, or incarcerated for no less than 2 years nor more than 10 years, or both.

2. (b)

   1. (1) For the following violations of this unit, the prosecution may, in the operation of its discretion, offer an administrative disposition whereby a person may immediately resolve his or her case upon payment of a fine, in an amount set by the Board of Judges of the Superior Court of the District of Columbia; provided, that the person is not concurrently charged with another criminal offense arising from the same event, other than an offense pursuant to § 7-2502.01 or § 7-2506.01:

      1. (A) Possession of an unregistered firearm pursuant to § 7-2502.01;
      2. (B) Unlawful possession of ammunition (but not possession of more than one restricted pistol bullet) pursuant to § 7-2506.01;
      3. (C) Possession of a single restricted pistol bullet pursuant to § 7-2507.06(a)(3)(B); provided, that the person did not also possess a firearm at the time of arrest;
      4. (D) Possession of a self-defense spray in violation of § 7-2502.13; and
      5. (E) Possession of a stun gun in violation of § 7-2502.15.
   2. (1A) The administrative disposition provided for in this subsection shall not be available to any person who has previously been convicted of any felony in the District or elsewhere.
   3. (2) In determining whether to offer an administrative disposition pursuant to this subsection, the prosecution, in the operation of its discretion, may consider, among other factors, whether at the time of his or her arrest, the person was a resident of the District of Columbia and whether the person had knowledge of § 7-2502.01, § 7-2506.01, or § 7-2507.06(a)(3)(B).
   4. (3) An administrative disposition pursuant to this subsection is not a conviction of a crime and shall not be equated to a criminal conviction. The fact that a person resolved a charge through an administrative disposition pursuant to this subsection may not be relied upon by any court of the District of Columbia or any agency of the District of Columbia in any subsequent criminal, civil, or administrative proceeding or administrative action to impose any sanction, penalty, enhanced sentence, or civil disability.
   5. (4) At the time of the prosecution’s offer of an administrative disposition, the person may elect to proceed with the criminal case in lieu of an administrative disposition.
   6. (5) The Mayor, pursuant to subchapter I of Chapter 5 of Title 2 [§ 2-501 et seq.], may issue rules to implement the provisions of this subsection. The rules may provide procedures and criteria to be used in determining when the prosecution, in the operation of its discretion, may offer the option of an administrative disposition pursuant to this subsection.

History

Sept. 24, 1976, D.C. Law 1-85, title VII, § 706, 23 DCR 2464

Mar. 5, 1981, D.C. Law 3-147, § 2, 27 DCR 4882

Aug. 20, 1994, D.C. Law 10-151, § 301, 41 DCR 2608

Apr. 24, 2007, D.C. Law 16-306, § 205, 53 DCR 8610

Sept. 29, 2012, D.C. Law 19-170, § 2(p), 59 DCR 5691

Apr. 27, 2013, D.C. Law 19-295, § 2(d), 60 DCR 2623

June 16, 2015, D.C. Law 20-279, § 2(e), 62 DCR 1944

May 19, 2017, D.C. Law 21-281, § 2(e)

May 10, 2019, D.C. Law 22-314, § 2(d)

June 8, 2024, D.C. Law 25-175, § 15(c)

Emergency Legislation

For temporary (90 days) amendment of this section, see § 2(e) of the License to Carry a Pistol Congressional Review Emergency Amendment Act of 2015 (D.C. Act 21-74, June 4, 2015, 62 DCR 8242, 21 DCSTAT 1451).

For temporary (90 days) repeal of temporary D.C. Act 20-169, see § 4(c) of the License to Carry a Pistol Second Emergency Amendment Act of 2014 (D.C. Act 20-564, Jan. 6, 2015, 62 DCR 866, 21 STAT 527).

For temporary (90 days) repeal of emergency D.C. Act 20-447, see § 4(b) of the License to Carry a Pistol Second Emergency Amendment Act of 2014 (D.C. Act 20-564, Jan. 6, 2015, 62 DCR 866, 21 STAT 527).

For temporary (90 days) amendment of this section, see § 2(e) of the License to Carry a Pistol Second Emergency Amendment Act of 2014 (D.C. Act 20-564, Jan. 6, 2015, 62 DCR 866, 21 STAT 527).

For temporary (90 days) repeal of emergency D.C. Act 20-447, § 4, the act’s applicability clause, see § 2 of the License to Carry a Pistol Clarification Emergency Amendment Act of 2014 (D.C. Act 20-448, Oct. 7, 2014, 61 DCR 10777, 20 STAT 4187).

For temporary (90 days) amendment of this section, see § 2(d) of the License to Carry a Pistol Emergency Amendment Act of 2014 (D.C. Act 20-447, Oct. 7, 2014, 61 DCR 10765, 20 STAT 4175).

For temporary (90 days) amendment of this section, see §§ 410 and 501(b) of the Criminal Fine Proportionality Emergency Act of 2013 (D.C. Act 20-45, April 1, 2013, 60 DCR 5400, 20 DCSTAT 1300).

For temporary amendment of section, see § 2(p) of the Firearms Second Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-510, October 26, 2012, 59 DCR 12808).

For temporary (90 day) amendment of section, see § 2(o) of the Firearms Amendments Congressional Review Emergency Amendment Act of 2012 (D.C. Act 19-394, July 18, 2012, 59 DCR 8694).

For temporary (90 day) amendment of section, see § 2(p) of Firearms Emergency Amendment Act of 2012 (D.C. Act 19-352, May 11, 2012, 59 DCR 5116).

For temporary (90 day) amendment of section, see § 205 of Omnibus Public Safety Second Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-25, April 19, 2007, 54 DCR 4036).

For temporary (90 day) amendment of section, see § 205 of Omnibus Public Safety Congressional Review Emergency Amendment Act of 2007 (D.C. Act 17-10, January 16, 2007, 54 DCR 1479).

For temporary (90 day) amendment of section, see § 205 of Omnibus Public Safety Congressional Review Emergency Amendment Act of 2006 (D.C. Act 16-490, October 18, 2006, 53 DCR 8686).

For temporary (90 day) amendment of section, see § 205 of Omnibus Public Safety Emergency Amendment Act of 2006 (D.C. Act 16-445, July 19, 2006, 53 DCR 6443).

For temporary amendment of section, see § 301 of the Omnibus Criminal Justice Reform Emergency Amendment Act of 1994 (D.C. Act 10-255, June 22, 1994, 41 DCR 4286).

For temporary (90 days) amendment of this section, see § 2(e) of Stun Gun Regulation Emergency Amendment Act of 2016 (D.C. Act 21-630, Jan. 24, 2017, 64 DCR 907).

For temporary (90 days) amendment of this section, see § 2(e) of Stun Gun Regulation Congressional Review Emergency Amendment Act of 2017 (D.C. Act 22-31, Mar. 27, 2017, 64 DCR 3084).

For temporary (90 days) amendment of this section, see § 2(d) of Firearms Safety Omnibus Emergency Amendment Act of 2018 (D.C. Act 22-629, Jan. 30, 2019, 66 DCR 1729).

For temporary (90 days) amendment of this section, see § 2(d) of Firearms Safety Omnibus Congressional Review Emergency Amendment Act of 2019 (D.C. Act 23-41, Apr. 15, 2019, 66 DCR 5255).

For temporary (90 days) amendment of this section, see § 11(c) of Secure DC Omnibus Emergency Amendment Act of 2024 (D.C. Act 25-410, Mar. 11, 2024, 71 DCR 2693).

For temporary (90 days) amendment of this section, see § 11(c) of Secure DC Omnibus Congressional Review Emergency Amendment Act of 2024 (D.C. Act 25-490, June 7, 2024, 71 DCR 7006).

Temporary Legislation

For temporary (225 days) amendment of this section, see § 2(d) of the License to Carry a Pistol Temporary Amendment Act of 2014 (D.C. Law 20-169, May 5, 2015, 61 DCR 11814).

Effect of Amendments

The 2015 amendment by D.C. Law 20-279 substituted “§§ 7-2502.05, 7-2502.08, 7-2507.02, 7-2508.07, and subchapter IX of this chapter” for “7-2502.05, 7-2502.08, 7-2507.02, and 7-2508.07” in the introductory paragraph of (a).

The 2013 amendment by D.C. Law 19-295 designated the existing provisions as (a); substituted “not more than the amount set forth in § 22-3571.01” for “not more than $1,000” in the introductory language of (a) and in (a)(2)(B); substituted “not more than the amount set forth in § 22-3571.01” for “not more than $10,000” in (a)(1); substituted “not more than the amount set forth in § 22-3571.01” for “not more than $5,000” in (a)(2)(A); rewrote (a)(3); and added (b).

The 2012 amendment by D.C. Law 19-170 added “Except as provided in §§ 7-2502.05, 7-2502.08, 7-2507.02, and 7-2508.07,” in the introductory language.

D.C. Law 16-306 added par. (3).

Prior Codifications

1973 Ed., § 6-1876.

1981 Ed., § 6-2376.

Section References

This section is referenced in § 7-2502.03, § 7-2502.08, § 7-2503.01, § 7-2507.02, and § 7-2507.08.